R v Dargin

[2021] NSWDC 653

District Court

New South Wales

Medium Neutral Citation:	R v Dargin [2021] NSWDC 653
Hearing dates:	26 November 2021
Decision date:	03 December 2021
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 6 years 6 months with a non parole period of 3 years 3 months.
Catchwords:	CRIME - SENTENCE - robbery armed with a dangerous weapon - acquiring a pistol while subject to a Firearm Prohibition Order - driving whilst disqualified (2nd offence) - COVID 19 - seriously concerning conditions of offender's detention.
Legislation Cited:	Crimes Act 1996 (NSW) s97(2); Firearms Act 1996 (NSW) s74(1); Road Transport Act 2013 (NSW) s54(1)(a).
Cases Cited:	R v Henry (1999) 46 NSWLR 346; Bugmy v The Queen (2013) 249 CLR 571; R v Zerafa [2021] NSWDC 547.
Category:	Sentence
Parties:	Regina (Crown) Elyas Dargin (Offender)
Representation:	Mr Moore (ODPP Campbelltown) Ms Stares (Counsel for offender)
File Number(s):	2020/00254635
Publication restriction:	Nil

Judgment

1. Elyas Dargin, you appear for sentence today in relation to three offences.

2. First, robbery while armed with a dangerous weapon. This is sequence 1. This involves a contravention of s97(2) of the Crimes Act. The maximum penalty for that offence is imprisonment for 25 years. There is no standard non-parole period. Whilst there is no standard non-parole period, there is, however, a relevant guideline judgment, R v Henry (1999) 46 NSWLR 346.

3. Secondly, acquiring a pistol while subject to a Firearm Prohibition Order. This is sequence 6. This involves a contravention of s74(1) of the Firearms Act. The maximum penalty for this offence is imprisonment for 14 years. There is no standard non-parole period.

4. Thirdly, driving a motor vehicle whilst disqualified (second+ offence). This is sequence 3. This involves a contravention of s54(1)(a) of the Road Transport Act. Ordinarily, this offence would be dealt with in the Local Court, but you have consented to this Court dealing with that matter. The maximum penalty for this offence in the Local Court is imprisonment for 12 months and /or a fine of 50 penalty units. There is an automatic licence disqualification of 12 months and a minimum period of disqualification of 6 months.

5. In relation to the first offence (sequence 1), you have asked this Court to take into account two matters on a Form 1 which I have certified: driving a conveyance which was taken without the consent of the owner (sequence 2); and having goods in personal custody suspected of being stolen (sequence 4).

6. The facts surrounding the three offences and the two matters on the Form 1 are contained in a document entitled “Agreed Statement of Facts”. Slightly recast by me as to style, but not substance, they are as follows.

7. At around 1:00pm on 16 August 2020, you were riding a motorbike which stopped at the front of a newsagency on Hoddle Avenue, Bradbury. Where you had travelled from is not revealed in the Agreed Statement of Facts.

8. The motorbike had been stolen from Wolli Creek four…